Most people that have come to me have already made a decision that they think they should be compensated for their injury. However, they may not be sure the law provides a way for them to recover.
First, know that most claims are settled without a lawsuit being filed and the person who caused the injury pays nothing. The settlement money usually comes from an insurance policy they have purchased to protect themselves for such mistakes. When you first go to a lawyer, one of the first things the lawyer will do will be to establish whether there is insurance coverage. If there is not, you will likely be discharged and the lawyer will no longer represent you.
When you have been injured through the fault of another you have the right to recover for your injuries. Whether you fell because the other person or company did not properly maintain or clean their floor, or because they ran a red light, if they injure you as a result, they are responsible to pay you for the losses you have as a result. In particular, you can recover past and future medical bills, past and future lost wages, and money for the past and future loss of the enjoyment of life (pain and suffering).
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Lack of sleep can cause cognitive impairment and negatively impact your ability to safely operate a motor-vehicle. Sleep deprivation is a major source of motor vehicle accidents. Studies have shown that sleep deprivation can impair the human brain as much as the consumption of alcohol.
According to the United States Department of Transportation, 23% of adults have admitted to falling asleep while driving. Furthermore, male drivers admit to falling asleep behind the wheel twice as much as female drivers.
The National Highway Traffic Safety Administration lists sleep-deprived driving as a factor in more than 100,000 crashes, resulting in 1,550 deaths and 40,000 injuries annually.
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The Supplemental Register is the United States Patent and Trademark Office’s (“USPTO”) secondary register of trademarks. This secondary register permits the registration of trademarks that do not otherwise qualify for registration on the primary register of trademarks called the Principal Register. The only requirement for registration on the Supplemental Register is that a mark is capable of distinguishing goods or services.
Many of our clients have applied for registration of their trademark on the Principal Register only to be denied such registration by the examining attorney from the USPTO as “merely descriptive”. Except in certain circumstances, a trademark cannot be registered on the Principal Register if the mark’s name merely describes the goods and/or services it identifies to the consuming public.
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It is recommended that you sign a written lease whenever you rent property so that you have a record of the terms which have been agreed upon. The written lease should include specific terms as to the amount of rent, the length of the lease term, the amount of the security deposit, and the amount of notice which must be given if you want to end the lease early, among other things. These lease terms should be reviewed carefully so that you understand your obligations and rights.
In Florida, after you move out, a residential landlord has 15 days in which to return your full security deposit (if any) or has 30 days in which to send you written notice that some or all of the security deposit will be retained for damage beyond normal wear and tear. Upon receipt of the list of itemized deductions, the tenant has 15 days to send a written notice to the landlord that there is a disagreement about the amount being withheld. If the parties cannot settle this dispute on their own, the tenant can file a complaint with the Small Claims Court to resolve the matter.
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With today’s technology, it can be easy for most anyone to find a lot of the information that you need without the assistance of an expert. However, you may need an expert to determine what information you actually do need and then to explain to you the information which you have found.
For example, before buying a piece of real property, it would be important to know if there are any liens on the property, who owns the actual title to the property, and if there are any easements on the property which could decrease its value. A real estate attorney handles these tasks on a daily basis and would be an invaluable resource for you.
Or, if you are buying the assets of a company, it would be important to know if the company has used those assets as collateral on a loan. If they did and then defaulted on the loan, the lender may be able to repossess those purchased assets from you even after the purchase leaving you to pursue the financially-troubled seller for a refund of your money. Business law attorneys conduct such lien and judgment searches and are well aware of what to be looking for before proceeding with a transaction.
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The shock that many in the community are expressing to the not-guilty verdict handed down by the jury in the recent high-profile criminal trial in Orlando illustrates a point that I try to make to all of my clients – predicting the outcome of any trial with any certainty is impossible. Litigants – and in some cases, the members of the public – at times become so convinced of the “just” outcome of a case that they lose sight of the balance of the judicial system and the burdens of proof carried by the parties.
Our judicial system, rightly, requires the proponent of the claim to prove that claim. In the civil context, the plaintiff typically carries the burden to prove the elements of his claim. The burdens of proof in a civil case are lesser than that of a criminal case. In a civil case, usually a plaintiff must prove his or her case by a preponderance of the evidence – in other words, that something is more likely than not to have occurred. Less commonly, some civil claims require proof by clear and convincing evidence, a higher standard of persuasion than preponderance of the evidence, but not quite as high as the criminal burden of proof.
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In Florida, a child’s parents are the child’s natural guardians and may act on behalf of the child in most instances.
However, if the parents become incapacitated or die and a child receives the proceeds of a lawsuit, an insurance policy or an inheritance in excess of $15,000, the Court must appoint a guardian for the child, which may or may not be the child’s parents.
Parents may anticipate who they would like to serve as the guardian of their child and prepare a Declaration of Guardianship over the person and/or property of the child if both parents were to die or become incapacitated.
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There are times when an adult may no longer be competent or able to take care of himself/herself physically or to make financial decisions on his/her own behalf. At such times, the court may appoint a guardian to exercise the legal rights of the incapacitated person, also known as “the ward.”
The process is begun by an adult filing with the Court a petition to determine another person’s incapacity – setting forth the factual basis for such allegations. The Court will then appoint a committee of 3 expert members to conduct a physical examination, a mental health examination, and a functional assessment of the potential ward and to report back to the Court. An Orlando attorney will be appointed for the potential ward and any challenges to a finding of incapacity will be heard and determined by the Court.
If the Court determines that the adult is partially or fully incapacitated, then the Court will appoint a guardian to oversee the person’s physical well-being and/or financial well-being. If at any time thereafter, the person recovers, the Court will have the Ward reexamined and potentially restore some or all of the ward’s rights.
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As a parent of three children, I am often presented with liability waivers which a business requires me to sign before my child can participate in an activity. These businesses have included indoor rock-climbing, go-cart tracks, and laser tag facilities. Many of you are faced with the same situation of either signing the liability waiver or having your child not participate in the activity. This leads to a logical question; do these liability waivers prevent me from suing a business whose negligence injures my child? As is the case with most legal questions, the answer depends heavily on the facts.
Take for instance the 2008 Florida Supreme Court case of Kirton v. Fields. The facts in this case involved a parent signing a liability waiver on behalf of his minor child before the child was permitted to ride an all terrain vehicle (“ATV”) in a commercially owned and operated motor sports park. The child lost control of the vehicle and was killed when the ATV landed on top of him. The personal representative of the child’s estate brought a wrongful death lawsuit against the owners and operators of the for-profit motor sports park. The lawyers for the park relied on the liability waiver as a complete defense to the claim and the trial court judge agreed and dismissed the claim. The case ended up in front of the Florida Supreme Court. The Supreme Court decided that the liability waiver was not effective to release the claim on these facts. In reaching this decision, the Court reasoned that the Florida legislature had not enacted any law which addressed this situation, and that under these circumstances and as a matter of public policy, the father could not preemptively waive the minor’s property interest in a lawsuit for personal injuries suffered due to the negligence of the park.
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How many times did we hear this while growing up? How many times have we told our own children this common sense advice? Well, unfortunately, statistics indicate that folks who live in or visit Orlando simply forget or ignore this mantra.
According to a study by Transportation for America, a safety advocacy coalition, the greater Orlando area is the deadliest urban center in the United States for pedestrians. More than 550 Orlando area pedestrians were killed during the past decade—an annual rate of 3 per 100,000 people. Half of these fatalities occurred while pedestrians were trying to cross over wide-multilane roads that are designed to move heavy traffic and are not necessarily pedestrian friendly. More often than not, the intersections on these roads are far apart, which leads pedestrians between these intersections to decide whether to walk the extra distance or to take their chances. Although certainly more people cross safely than not, the statistics present a grim picture of the risks of this endeavor.
Florida Statutes §§ 316.130 and 316.2065 set forth the respective duties of pedestrians and nearby drivers. Click here to read more »
